Supreme Court of California
Stockton Citizens for Sensible Planning v. City of Stockton, S159690
In plaintiffs' suit challenging a city's approval of a Wal-Mart under CEQA, the judgment of a court of appeal in favor of plaintiffs is reversed where: 1) flaws in the decision-making process underlying a facially valid and properly filed NOE do not prevent the NOE from triggering the 35-day period to file a lawsuit challenging the agency's determination that it has approved a CEQA-exempt project; and 2) plaintiffs' assertion that the NOE itself was defective in form and content, and thus failed to trigger the 35-day limitations period is rejected as as the NOE demonstrates minimal compliance with CEQA and thus, plaintiffs' claims, in the lawsuit filed more than 35 days after the NOE was filed, are barred.
Appellate Information
- Decided 04/01/2010
- Published 04/01/2010
Judges
Court
- Supreme Court of California